Strata Dispute Lawyers

Strata Dispute Lawyers

Building defects in strata developments can be costly, time consuming and extremely stressful. As a builder or developer, these complications are something you don’t need – talk to us today.

We can assist builders with the following types of disputes

  • The builder contends that the work alleged to be defective is, in fact, up to standard
  • The builder points out that there’s a time constraint for filing defect claims and that the Owners Corporation was too late in initiating their claim
  • How the Tribunal views defects in view of the building contact and the Act
  • What tests apply in measuring what a homeowner’s loss is. Note, that just because it may cost as an example $50,000 to fix apartment flooring, does not mean that you should be liable to pay that
  • Breach of contractual terms of a building contract
  • Progress payment claims, regardless of whether the works have reached practical completion (commenced under the Security of Payment Law)
  • All Tribunal and Court work

We Can Help You Navigate Success

  • Electrical issues
  • Faulty or damaged window installation
  • Fire safety issues
  • Flooring problems
  • Foundation and structural damage
  • Insulation materials and cladding
  • Plumbing faults
  • Poor roofing materials
  • Ventilation issues
  • Wall cracks
  • Waterproofing issues
  • Weak foundations

Frequently Asked Questions

What’s the difference between a major and minor defect?

A major defect is a building defect to a major element that causes (or is likely to cause) either:

  • The inability to occupy or use the building (or part of it) for its intended purpose
  • The destruction of the building, or part of it, or
  • A threat of collapse of the building, or part of it

A minor defect are smaller defects that can affect how a building looks or functions. But minor defects don’t compromise the integrity of the building structure.

Under the Home Building Act 1989 (NSW), owners have:

  • Two years to make a claim for compensation against a builder for minor defects
  • Six years to make a claim against a builder for major defects

Practical Completion is when the builder completes the work outlined in the contract. This is except for any omissions or defects that don’t prevent a homeowner from using the home or renovations.

This is where one of our building and construction lawyers comes in to help builders.

We’ve found that there are many occasions where builders can defend defect claims. The defence tends to fall under one of the following categories:

  • The builder is not responsible for the defect as it wasn’t part of the Scope of Work
  • The builder doesn’t believe the work is defective, or
  • The homer brought the claim out of time.

If you’re a builder who needs help defending a claim by a homeowner, contact us for an obligation-free chat

Not at all. In fact, we work hard to get you an early settlement so that Court proceedings aren’t necessary. This means less stress for you. And it keeps your legal costs and the impact on your profitability to a minimum.

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